CRL OP(MD)/18032/2017 of MANICKAM @ MANICKAVEL Vs THE SUB INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18032 of 2017

1 MANICKAM @ MANICKAVEL

2 THIRUMURUGAN ... PETITIONERS/ ACCUSED NO.2 & 3

Vs

STATE REP.BYTHE SUB INSPECTOR OF POLICE, KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT. CRIME NO.53/2017... RESPONDENT / COMPLAINANT

For Petitioners: M/S.G.VISHNURAM, AdvocateFor Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offence punishable under Sections 379 and 430 of IPC inCrime No.53 of 2017 on the file of the respondent police, thepetitioners have come forward with this petition seekinganticipatory bail.

2. The case of the prosecution is that the on 04.12.2017, whenthe respondent police have conducted a surprise raid on the bank ofMalattaru River, the petitioners illegally transported river sandusing tractor and on seeing the police, the petitioners along withaccused person were fled away from the scene of occurrence leavingthe tractor on the middle of the river. Hence, a case has beenregistered against the petitioner and other accused person for theabove said offences.

4. The learned counsel for the petitioners submitted that thepetitioners are innocent and they have been falsely implicated inthis case.

5.Learned Government Advocate (Crl. Side) would submit thatthe petitioners have no previous case.

6. Considering the facts and circumstances of the case andtaking note of the fact that the quantity is minimal and thepetitioners have no previous case, this Court is inclined to grantanticipatory bail to the petitioners.

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7. Accordingly, the petitioners are ordered to be released onbail in the event of their arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order,before the Judicial Magistrate, Muthukulathur, Ramnad District, ontheir executing a bond for a sum of Rs.10,000/- (Rupees TenThousand Only) each with two sureties each for a like sum to thesatisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the Magistrateconcerned and on further condition that:

[a] the petitioners shall deposit a sum of Rs.2,500/- (RupeesTwo Thousand and Five Hundred only) each to the credit of CrimeNo.53 of 2017 before the learned Judicial Magistrate, Muthukulathur,Ramnad District.

[b] the petitioners shall report before the respondent policedaily at 10.30 a.m. for a period of two weeks and thereafter as andwhen required for interrogation.

[c] the petitioners shall not tamper with evidence or witnesseither during investigation or trial.

[d] the petitioners shall not abscond either duringinvestigation or trial.

[e] on breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by theMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/-

28/12/2017

TO